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THE OLDEST CODE OF LAWS
IN THE WORLD
"The discovery and decipherment of this Code is the
greatest event in Biblical Archaeology for many a day. A
translation of the Code, done by Mr. Johns of Queens'
College, Cambridge, the highest living authority on this
department of study, has just been published by Messrs.
T. & T. Clark in a cheap and attractive booklet. Winckler
says it is the most important Babylonian record which has
thus far been brought to light." — T/ie Expository Times.
THE
OLDEST CODE OF LAWS
IN THE WORLD
THE CODE OF LAWS PROMULGATED BY
HAMMURABI, KING OF BABYLON
B.C. 2285-2242
TRANSLA TED
C. H. W. JOHNS, M.A.
LECTURER IN ASSYRIOLOGY, QUEENS' COLLEGE, CAMBRIDGE!
AUTHOR OF "ASSYRIAN DEEDS AND DOCUMENTS"
"AN ASSYRIAN DOOMSDAY BOOK" f
EDINBURGH
T. & T. CLARK, 38 GEORGE STREET
1903
PRINTED BY
MORRISON AND OIBB LIMITED
T. & T. CLARK, EDINBURGH
LONDON : SIMPKIN, MARSHALL, HAMILTON, KENT, AND CO. LIMITED
NEW YORK : CHARLES SCRIBNER'S SONS
FIRST IMPRESSION . . . Februa-ry 1903.
SECOND IMPRESSION . . . March 1903.
THIRD IMPRESSION . , . May 1903.
INTRODUCTION
THE Code of Hammurabi is one of the most
important monuments in the history of the
human race. Containing as it does the laws
which were enacted by a king of Babylonia in
the third millennium B.C., whose rule extended
over the whole of Mesopotamia from the
mouths of the rivers Tigris and Euphrates to
the Mediterranean coast, we must regard it
with interest. But when we reflect that the
ancient Hebrew tradition ascribed the migra-
tion of Abraham from Ur of the Chaldees
to this very period, and clearly means to
represent their tribe father as triumphing
over this very same Hammurabi (Amraphel,
Gen. xiv. 1), we can hardly doubt that
these very laws were part of that tradition.
At any rate, they must have served to
VI INTRODUCTION
mould and fix the ideas of right throughout
that great empire, and so form the state of
society in Canaan when, five hundred years
later, the Hebrews began to dominate that
region.
Such was the effect produced on the minds
of succeeding generations by this superb codi-
fication of the judicial decisions of past ages,
which had come to be regarded as ' the
right,' that two thousand years and more
later it was made a text-book for study in the
schools of Babylonia, being divided for that
purpose into some twelve chapters, and en-
titled, after the Semitic custom, Ninu ilu
sirum, from its opening words. In Assyria
also, in the seventh century B.C., it was studied
in a different edition, apparently under the
name of ' The Judgments of Righteousness
which Hammurabi, the great king, set up.'
These facts point to it as certain to affect
Jewish views before and after the Exile, in a
way that we may expect to find as funda-
mental as the Babylonian influence in cos-
mology or religion.
For many years fragments have been
INTRODUCTION Vll
known, have been studied, and from internal
evidence ascribed to the period of the first
dynasty of Babylon, even called by the name
Code Hammurabi. It is just cause for pride
that Assyriology, so young a science as only
this year to have celebrated the centenary of
its birth, is able to emulate astronomy and
predict the discovery of such bright stars as
this. But while we certainly should have
directed our telescopes to Babylonia for the
rising of this light from the East, it was
really in Elam, at Susa, the old Persepolis,
that the find was made. The Elamites were
the great rivals of Babylonia for centuries,
and it seems likely that some Elamite con-
queror carried off the stone from a temple at
Sippara, in Babylonia.
However that may be, we owe it to the
French Government, who have been carrying
on explorations at Susa for years under the
superintendence of M. J. de Morgan, that a
monument, only disinterred in January, has
been copied, transcribed, translated, and
published, in a superb quarto volume, by
October. The ancient text is reproduced by
Vlll INTRODUCTION
photogravure in a way that enables a student
to verify word by word what the able editor,
Father V. Scheil, Professeur a VEcole des
Hautes-fitudes, has given as his reading of
the archaic signs. The volume, which appears
as Tome IV., Textes Elamites-Semitiques, of
the Memoires de la Delegation en Perse
(Paris, Leroux, 1902), is naturally rather
expensive for the ordinary reader. Besides,
the rendering of the eminent French savant,
while distinguished by that clear, neat
phrasing which is so charming a feature of
all his work, is often rather a paraphrase
than a translation. The ordinary reader who
desires to estimate for himself the import-
ance of the new monument will be forced to
wonder how and why the same word in the
original gets such different renderings. Pro-
longed study will be needed to bring out
fully the whole meaning of many passages,
and it may conduce to such a result to pre-
sent the public with an alternative render-
ing in an English dress. Needless to say,
scholars will continue to use Scheil's edition
as the ultimate source, but for comparative
INTRODUCTION IX
purposes a literal translation may be welcome
as an introduction.
The monument itself consists of a block of
black diorite, nearly eight feet high, found in
pieces, but readily rejoined. It contains on
the obverse a very interesting representation
of the King Hammurabi, receiving his laws
from the seated sun-god Sanaas", ' the judge
of heaven and earth.' Then follow, on the
obverse, sixteen columns of writing with
1114 lines. There were five more columns on
this side, but they have been erased and the
stone repolished, doubtless by the Elamite
conqueror, who meant to inscribe his name
and titles there. As we have lost those five
columns we may regret that he did not
actually do this, but there is now no trace of
any hint as to who carried off the stone. On
the reverse side are twenty-eight columns
with more than 2500 lines of inscription.
A great space, some 700 lines, is devoted
by the king to setting out his titles, his
glory, his care for his subjects, his venera-
tion of his gods, and incidentally revealing
the cities and districts under his rule, with
X INTRODUCTION
many interesting hints as to local cults. He
also invokes blessing on those who should
preserve and respect his monument, and curses
those who should injure or remove it. A
translation of this portion is not given, as
it is unintelligible without copious comment
and is quite foreign to the purpose of this
book, which aims solely at making the Code
intelligible.
I desire to express my obligations to Dr.
F. Carr for his many kind suggestions as to
the meaning of the Code.
The Index will, it is hoped, serve more or
less as a digest of the Code. One great diffi-
culty of any translation of a law document
must always be that the technical expressions
of one language cannot be rendered in terms
that are co-extensive. The rendering will
have implications foreign to the original. An
attempt to minimise misconceptions is made
by suggesting alternative renderings in the
Index. Further, by labelling a certain section,
as the law of incest, for example, one definitely
fixes the sense in which the translation is to
be read. Hence it is hoped that the Index
INTRODUCTION XI
will be no less helpful than the translation in
giving readers an idea of what the Code really
meant.
No doubt this remarkable monument will
be made the subject of many valuable mono-
graphs in the future, which will greatly eluci-
date passages now obscure. But it was thought
that the interest of the subject warranted an
immediate issue of an English translation,
which would place the chief features of the
Code before a wider public than those who
could read the original. The present transla-
tion is necessarily tentative in many places,
but it is hoped marks an advance over those
already published.
Dr. H. Winckler's rendering of the Code
came into my hands after this work was sent
to the publishers, and I have not thought it
necessary to withdraw any of my renderings.
In some points he has improved upon Pro-
fessor Scheil's work, in other points he is
scarcely so good. But any discussion is not
in place here. I gratefully acknowledge my
obligations to both, but have used an inde-
pendent judgment all through. I hope shortly
Xll INTRODUCTION
to set out my reasons for the differences
between us in a larger work. A few of Dr.
Winckler's renderings are quoted in the Index,
and marked — Winckler's tr.
C. H. W. JOHNS.
CAMBRIDGK,
January 31, 1903.
THE OLDEST CODE OF LAWS
IN THE AVORLD
THE TEXT OF THE CODE
§ 1. IF a man weave a spell and put a ban
upon a man, and has not justified himself, he
that wove the spell upon him shall be put to
death.
§ 2. If a man has put a spell upon a man,
and has not justified himself, he upon whom
the spell is laid shall go to the holy river, he
shall plunge into the holy river, and if the
holy river overcome him, he who wove the
spell upon him shall take to himself his house.
If the holy river makes that man to be inno-
cent, and has saved him, he who laid the spell
upon him shall be put to death. He who
2 THE OLDEST CODE OF LAWS
plunged into the holy river shall take to him-
self the house of him who wove the spell upon
him.
§ 3. If a man, in a case pending judgement,
has uttered threats against the witnesses, or
has not justified the word that he has spoken,
if that case be a capital suit, that man shall
be put to death.
§ 4. If he has offered corn or money to the
witnesses, he shall himself bear the sentence
of that case.
§ 5. If a judge has judged a judgement,
decided a decision, granted a sealed sentence,
and afterwards has altered his judgement,
that judge, for the alteration of the judge-
ment that he judged, one shall put him to
account, and he shall pay twelvefold the
penalty which was in the said judgement,
and in the assembly one shall expel him
from his judgement seat, and he shall not
return, and with the judges at a judgement
he shall not take his seat.
§ 6. If a man has stolen the goods of
temple or palace, that man shall be killed,
THE TEXT OF THE CODE 3
and he who has received the stolen thing
from his hand shall be put to death.
§ 7. If a man has bought silver, gold,
manservant or maidservant, ox or sheep or
ass, or anything whatever its name, from
the hand of a man's son, or of a man's slave,
without witness and bonds, or has received
the same on deposit, that man has acted the
thief, he shall be put to death.
§ 8. If a man has stolen ox or sheep or ass,
or pig, or ship, whether from the temple or
the palace, he shall pay thirty fold. If he be a
poor man, he shall render tenfold. If the thief
has nought to pay, he shall be put to death.
§ 9. If a man who has lost something of
his, something of his that is lost has been
seized in the hand of a man, the man in
whose hand the lost thing has been seized
has said, ' A giver gave it me/ or ' I bought
it before witnesses,' and the owner of the
thing that is lost has said, ' Verily, I will
bring witnesses that know my lost property,'
the buyer has brought the giver who gave it
him and the witnesses before whom he bought
4 THE OLDEST CODE OF LAWS
it, and the owner of the lost property has
brought the witnesses who know his lost
property, the judge shall see their deposi-
tions, the witnesses before whom the pur-
chase was made and the witnesses knowing
the lost property shall say out before God
what they know; and if the giver has acted
the thief he shall be put to death, the owner
of the lost property shall take his lost
property, the buyer shall take the money
he paid from the house of the giver.
§ 10. If the buyer has not brought the
giver who gave it him and the witnesses
before whom he bought, and the owner of
the lost property has brought the witnesses
knowing his lost property, the buyer has
acted the thief, he shall be put to death ;
the owner of the lost property shall take
his lost property.
§ 11. If the owner of the lost property
has not brought witnesses knowing his lost
property, he has lied, he has stirred up strife,.
he shall be put to death.
§ 12. If the giver has betaken himself to
THE TEXT OF THE CODE 5
his fate, the buyer shall take from the house
of the giver fivefold as the penalty of that
case.
§ 13. If that man has not his witnesses
near, the judge shall set him a fixed time, up
to six months, and if within six months he
has not driven in his witnesses, that man has
lied, he himself shall bear the blame of that
case.
§ 14. If a man has stolen the son of a free-
man, he shall be put to death.
§ 15. If a man has caused either a palace
slave or palace maid, or a slave of a poor
man or a poor man's maid, to go out of the
gate, he shall be put to death.
§ 16. If a man has harboured in his house
a manservant or a maidservant, fugitive from
the palace, or a poor man, and has not pro-
duced them at the demand of the com-
mandant, the owner of that house shall be
put to death.
§ 17. If a man has captured either a man-
servant or a maidservant, a fugitive, in the
open country and has driven him back to his
6 THE OLDEST CODE OF LAWS
master, the owner of the slave shall pay him
two shekels of silver.
§ 18. If that slave will not name his owner
he shall drive him to the palace, and one shall
enquire into his past, and cause him to return
to his owner.
§ 19. If he confine that slave in his house,
and afterwards the slave has been seized in
his hand, that man shall be put to death.
§ 20. If the slave has fled from the hand
of his captor, that man shall swear by the
name of God, to the owner of the slave, and
shall go free.
§ 21. If a man has broken into a house, one
shall kill him before the breach and bury
him in it (?).
§ 22. If a man has carried on brigandage,
and has been captured, that man shall be put
to death.
§ 23. If the brigand has not been caught,
the man who has been despoiled shall recount
before God what he has lost, and the city
and governor in whose land and district the
THE TEXT OF THE CODE 7
brigandage took place shall render back to
him whatever of his was lost.
§ 24. If it was a life, the city and governor
shall pay one mina of silver to his people.
§ 25. If in a man's house a fire has been
kindled, and a man who has come to ex-
tinguish the fire has lifted up his eyes to
the property of the owner of the house, and
has taken the property of the owner of the
house, that man shall be thrown into that
fire.
§ 26. If either a ganger or a constable,
whose going on an errand of the king has
been ordered, goes not, or hires a hireling and
sends him in place of himself, that ganger or
constable shall be put to death ; his hireling
shall take to himself his house.
§ 27. If a ganger or a constable, who is
diverted to the fortresses of the king, and
after him one has given his field and his
garden to another, and he has carried on his
business, if he returns and regains his city, one
shall return to him his field and his garden,
and he shall carry on his business himself.
8 THE OLDEST CODE OF LAWS
§ 28. If a ganger or a constable who is
diverted to the fortresses of the king, his
son be able to carry on the business, one
shall give him field and garden and he shall
carry on his father's business.
§ 29. If his son is young and is not able
to carry on his father's business, one-third
of the field and garden shall be given to his
mother, and his mother shall rear him.
§ 30. If a ganger or a constable has left
alone his field, or his garden, or his house,
from the beginning of his business, and has
caused it to be waste, a second after him has
taken his field, his garden, or his house, and
has gone about his business for three years,
if he returns and regains his city, and would
cultivate his field, his garden, and his house,
one shall not give them to him ; he who has
taken them and carried on his business shall
carry it on.
§ 31. If it is one year only and he had let
it go waste, and he shall return, one shall
give his field, his garden, and his house, and
he shall carry on his business.
THE TEXT OF THE CODE 9
§ 32. If a ganger or a constable who is
diverted on an errand of the king's, a mer-
chant has ransomed him and caused him to
regain his city, if in his house there is means
for his ransom, he shall ransom his own self;
if in his house there is no means for his
ransom, he shall be ransomed from the temple
of his city ; if in the temple of his city there
is not means for his ransom, the palace shall
ransom him. His field, his garden, and his
house shall not be given for his ransom.
§ 33. If either a governor or a magistrate
has taken to himself the men of the levy,
or has accepted and sent on the king's errand
a hired substitute, that governor or magis-
trate shall be put to death.
§ 34. If either a governor or a magistrate
has taken to himself the property of a ganger,
has plundered a ganger, has given a ganger to
hire, has stolen from a ganger in a judgement
by high-handedness, has taken to himself the
gift the king has given the ganger, that
governor or magistrate shall be put to death.
§ 35. If a man has bought the cattle or
10 THE OLDEST CODE OF LAWS
sheep which the king has given to the ganger
from the hand of the ganger, he shall be
deprived of his money.
§ 36. The field, garden, and house of a
ganger, or constable, or a tributary, he shall
not give for money.
§ 37. If a man has bought the field, garden,
or house of a ganger, a constable, or a tribu-
tary, his tablet shall be broken and he shall
be deprived of his money. The field, garden,
or house he shall return to its owner.
§ 38. The ganger, constable, or tributary
shall not write off to his wife, or his daughter,
from the field, garden, or house of his business,
and he shall not assign it for his debt.
§ 39. From the field, garden, and house
which he has bought and acquired, he may
write off to his wife or his daughter and
give for his debt.
§ 40. A votary, merchant, or foreign so-
journer may sell his field, his garden, or his
house ; the buyer shall carry on the business
of the field, garden, or house which he has
bought.
THE TEXT OF THE CODE 11
§ 41. If a man has bartered for the field,
garden, or house of a ganger, constable, or
tributary, and has given exchanges, the ganger,
constable, or tributary shall return to his
field, garden, or house, and shall keep the
exchanges given him.
§ 42. If a man has taken a field to cultivate
and has not caused the corn to grow in the
field, and has not done the entrusted work
on the field, one shall put him to account and
he shall give corn like its neighbour.
§ 43. If he has not cultivated the field and
has left it to itself, he shall give corn like
its neighbour to the owner of the field, and
the field he left he shall break up with hoes
and shall harrow it and return to the owner
of the field.
§44. If a man has taken on hire an unre-
claimed field for three years to open out,
and has left it aside, has not opened the
field, in the fourth year he shall break it up
with hoes, he shall hoe it, and harrow it, and
return to the owner of the field, and he shall
measure out ten OUR of corn per OAN.
12 THE OLDEST CODE OF LAWS
§ 45. If a man has given his field for
produce to a cultivator, and has received
the produce of his field, and afterwards a
thunderstorm has ravaged the field or
carried away the produce, the loss is the
cultivator's.
§ 46. If he has not received the produce
of his field, and has given the field either for
one-half or for one-third, the corn that is in
the field the cultivator and the owTner of
the field shall share according to the tenour
of their contract.
§ 47. If the cultivator, because in the
former year he did not set up his dwelling,
has assigned the field to cultivation, the
owner of the field shall not condemn the
cultivator ; his field has been cultivated, and
at harvest time he shall take corn according
to his bonds.
§ 48. If a man has a debt upon him and a
thunderstorm ravaged his field or carried
away the produce, or the corn has not grown
through lack of water, in that year he shall
not return corn to the creditor, he shall alter
THE TEXT OF THE CODE 13
his tablet and he shall not give interest for
that year.
§ 49. If a man has taken money from a
merchant and has given to the merchant a
field planted with corn or sesame, and said
to him, ' Cultivate the field, reap and take
for thyself the corn and sesame which there
is/ if the cultivator causes to grow corn or
sesame in the field, at the time of harvest the
owner of the field forsooth shall take the corn
or sesame which is in the field and shall give
corn for the money which he took from the
merchant, and for its interests and for the
dwelling of the cultivator, to the merchant.
§ 50. If the field was cultivated or the field
of sesame was cultivated when he gave it,
the owner of the field shall take the corn
or sesame which is in the field and shall
return the money and its interests to the
merchant.
§ 51. If he has not money to return, the
sesame, according to its market price for the
money and its interest which he took from
the merchant, according to the standard
14 THE OLDEST CODE OF LAWS
fixed by the king, he shall give to the
merchant.
§ 52. If the cultivator has not caused corn
or sesame to grow in the field, he shall not
alter his bonds.
§ 53. If a man has neglected to strengthen
his bank of the canal, has not strengthened
his bank, a breach has opened out itself in his
bank, and the waters have carried away the
meadow, the man in whose bank the breach
has been opened shall render back the corn
which he has caused to be lost.
§ 54. If he is not able to render back the
corn, one shall give him and his goods for
money, and the people of the meadow whose
corn the water has carried away shall share it.
§ 55. If a man has opened his runnel to
water and has neglected it, and the field of
his neighbour the waters have carried away,
he shall pay corn like his neighbour.
§ 56. If a man has opened the waters, and
the plants of the field of his neighbour the
waters have carried away, he shall pay ten
GUR of corn per OAN.
15
§ 57. If a shepherd has caused the sheep
to feed on the green corn, has not come to an
agreement with the owner of the field, with-
out the consent of the owner of the field has
made the sheep feed off the field, the owner
shall reap his fields, the shepherd who with-
out consent of the owner of the field has fed
off the field with sheep shall give over and
above twenty OUR of corn per a AN to the
owner of the field.
§ 58. If from the time that the sheep have
gone up from the meadow, and the whole flock
has passed through the gate, the shepherd has
laid his sheep on the field and has caused the
sheep to feed off the field, the shepherd who
has made them feed off the field one shall
watch, and at harvest time he shall measure
out sixty OUR of corn per OAN to the owner of
the field.
§ 59. If a man without the consent of the
owner of the orchard has cut down a tree in
a man's orchard, he shall pay half a mina of
silver.
§ 60. If a man has given a field to a gar-
16 THE OLDEST CODE OF LAWS
dener to plant a garden and the gardener has
planted the garden, four years he shall rear
the garden, in the fifth year the owner of the
garden and the gardener shall share equally,
the owner of the garden shall cut off his share
and take it.
§ 61. If the gardener has not included all
the field in the planting, has left a waste
place, he shall set the waste place in the share
which he takes.
§ 62. If the field which has been given him
to plant he has not planted as a garden, if it
was corn land, the gardener shall measure out
corn to the owner of the field, like its neigh-
bour, as produce of the field for the years
that are neglected, and he shall do the
ordered work on the field and return to the
owner of the field.
§ 63. If the field was unreclaimed land, he
shall do the ordered work on the field and
return it to the owner of the field and
measure out ten GUR of corn per OAN for each
year.
§ 64. If a man has given his garden to a
THE TEXT OF THE CODE 17
gardener to farm, the gardener as long as he
holds the garden shall give to the owner of
the garden two-thirds from the produce of the
garden, and he himself shall take one- third.
§ 65. If the gardener does not farm the
garden and has diminished the yield, he shall
measure out the yield of the garden like its
neighbour.
NOTE. — Here five columns of the monu-
ment have been erased, only the commencing
characters of column xvii. being visible. The
subjects of this last part included the further
enactments concerning the rights and duties
of gardeners, the whole of the regulations
concerning houses let to tenants, and the
relationships of the merchant to his agents,
which continue on the obverse of the monu-
ment. [See page 58.] Scheil estimates the
lost portion at 35 sections, and following
him we recommence with
§ 100. . . . the interests of the money, as
much as he took, he shall write down, and
when he has numbered his days he shall
answer his merchant.
18 THE OLDEST CODE OF LAWS
§ 101. If where he has gone he has not seen
prosperity, he shall make up and return the
money he took, and the agent shall give to
the merchant.
§ 102. If a merchant has given to the
agent money as a favour, and where he has
gone he has seen loss, the full amount of
money he shall return to the merchant.
§ 103. If while he goes on his journey the
enemy has made him quit whatever he was
carrying, the agent shall swear by the name
of God and shall go free.
S 104. If the merchant has given to the
o o
agent corn, wool, oil, or any sort of goods, to
traffic with, the agent shall write down the
price and hand over to the merchant ; the
agent shall take a sealed memorandum of the
price which he shall give to the merchant.
§ 105. If an agent has forgotten and has
not taken a sealed memorandum of the money
he has given to the merchant, money that
is not sealed for, he shall not put in his
accounts.
§ 106. If an agent has taken money from a
THE TEXT OF THE CODE 19
merchant and his merchant has disputed with
him, that merchant shall put the agent to
account before God and witnesses concerning
the money taken, and the agent shall give to
the merchant the money as much as he has
taken threefold.
§ 107. If a merchant has wronged an agent
and the agent has returned to his merchant
whatever the merchant gave him, the mer-
chant has disputed with the agent as to what
the agent gave him, that agent shall put the
merchant to account before God and witnesses,
and the merchant because he disputed the
agent shall give to the agent whatever he has
taken sixfold.
§ 108. If a wine merchant has not received
corn as the price of drink, has received silver
by the great stone, and has made the price of
drink less than the price of corn, that wine
merchant one shall put her to account and
throw her into the water.
§ 109. If a wine merchant has collected a
riotous assembly in her house and has not
seized those rioters and driven them to the
20 THE OLDEST CODE OF LAWS
palace, that wine merchant shall be put to
death.
§ 110. If a votary, a lady, who is not living
in the convent, has opened a wine shop or
has entered a wine shop for drink, that
woman one shall burn her.
§111. If a wine merchant has given sixty
KA of best beer at harvest time for thirst,
she shall take fifty KA of corn.
§ 112. If a man stays away on a journey
and has given silver, gold, precious stones,
or treasures of his hand to a man, has caused
him to take them for transport, and that
man whatever was for transport, where he
has transported has not given and has taken
to himself, the owner of the transported
object, that man, concerning whatever he had
to transport and gave not, shall put him to
account, and that man shall give to the owner
of the transported object fivefold whatever
wras given him.
§ 113. If a man has corn or money upon a
man, and without consent of the owner of the
corn has taken corn from the heap or from
THE TEXT OF THE CODE 21
the store, that man for taking of the corn
without consent of the owner of the corn
from the heap or from the store, one shall put
him to account, and he shall return the corn as
much as he has taken, and shall lose all that
he gave whatever it be.
§ 114. If a man has not corn or money upon
a man and levies a distraint, for every single
distraint he shall pay one-third of a mina.
§ 115. If a man has corn or money upon
a man and has levied a distraint, and the
distress in the house of his distrainer dies a
natural death, that case has no penalty.
§ 116. If the distress has died in the house
of his distrainer, of blows or of want, the
owner of the distress shall put his merchant
to account, and if he be the son of a free-
man (that has died), his son one shall kill ; if
the slave of a free -man, he shall pay one-
third of a mina of silver, and he shall lose all
that he gave whatever it be.
§ 117. If a man a debt has seized him, and
he has given his wife, his son, his daughter
for the money, or has handed over to work off
22 THE OLDEST CODE OF LAWS
the debt, for three years they shall work iii
the house of their buyer or exploiter, in the
fourth year he shall fix their liberty.
§ 118. If he has handed over a man-
servant or a maidservant to work off a debt,
and the merchant shall remove and sell them
for money, no one can object.
§ 119. If a debt has seized a man, and he
has handed over for the money a maid-
servant who has borne him children, the
money the merchant paid him the owner of
the maid shall pay, and he shall ransom his
maid.
§ 120. If a man has heaped up his corn in
a heap in the house of a man, and in the
granary a disaster has taken place, or the
owner of the house has opened the granary
and taken the corn, or has disputed as to the
total amount of the corn that was heaped up
in his house, the owner of the corn shall re-
count his corn before God, the owner of the
house shall make up and return the corn
which he took and shall give to the owner of
the corn.
THE TEXT OF THE CODE 23
§ 121. If a man has heaped up corn in the
house of a man, he shall give as the price of
storage five KA of corn per OUR of corn per
annum.
§ 122. If a man shall give silver, gold, or
anything whatever, to a man on deposit, all
whatever he shall give he shall shew to
witnesses and fix bonds and shall give on
deposit.
§ 123. If without witness and bonds he has
given on deposit, and where he has deposited
they keep disputing him, this case has no
remedy.
§ 124. If a man has given silver, gold, or
anything whatever to a man on deposit before
witnesses and he has disputed with him, one
shall put that man to account, and whatever
he has disputed he shall make up and shall
give.
§ 125. If a man has given anything of his
on deposit, and where he gave it, either by
housebreaking or by rebellion, something of
his has been lost, along with something of
the owner of the house, the owner of the
24 THE OLDEST CODE OF LAWS
house who has defaulted all that was given
him on deposit and has been lost, he shall
make good and render to the owner of the
goods, the owner of the house shall seek out
whatever of his is lost and take it from the
thief.
§ 126. If a man has lost nothing of his, but
has said that something of his is lost, has
exaggerated his loss, since nothing of his is
lost, his loss he shall recount before God, and
whatever he has claimed he shall make up
and shall give to his loss.
§ 127. If a man has caused the finger to
be pointed against a votary, or a man's wife,
and has not justified himself, that man they
shall throw down before the judge and brand
his forehead.
§ 128. If a man has married a wife and has
not laid down her bonds, that woman is no
wife.
§ 129. If the wife of a man has been
caught in lying with another male, one shall
bind them and throw them into the waters.
If the owner of the wife would save his
THE TEXT OF THE CODE 25
wife or the king would save his servant (he
may).
§ 130. If a man has forced the wife of a
man who has not known the male and is
dwelling in the house of her father, and has
lain in her bosom and one has caught him,
that man shall be killed, the woman herself
shall go free.
§ 131. If the wife of a man her hus-
band has accused her, and she has not been
caught in lying with another male, she
shall swear by God and shall return to her
house.
§ 132. If a wife of a man on account of
another male has had the finger pointed at
her, and has not been caught in lying with
another male, for her husband she shall plunge
into the holy river.
§ 133. If a man has been taken captive
and in his house there is maintenance, his
wife has gone out from her house and entered
into the house of another, because that
woman has not guarded her body, and has
entered into the house of another, one shall
26 THE OLDEST CODE OF LAWS
put that woman to account and throw her
into the waters.
§ 134. If a man has been taken captive
and in his house there is no maintenance, and
his wife has entered into the house of another,
that woman has no blame.
§ 135. If a man has been taken captive and
in his house there is no maintenance before
her, his wife has entered into the house of
another and has borne children, afterwards
her husband has returned and regained his
city, that woman shall return to her bride-
groom, the children shall go after their father.
§ 136. If a man has left his city and fled,
after him his wife has entered the house of
another, if that man shall return and has
seized his wife, because he hated his city and
fled, the wife of the truant shall not return
to her husband.
§ 137. If a man has set his face to put away
his concubine who has borne him children or
his wife who has granted him children, to that
woman he shall return her her marriage por-
tion and shall give her the usufruct of field,
THE TEXT OF THE CODE 27
garden, and goods, and she shall bring up her
children. From the time that her children
are grown up, from whatever is given to her
children they shall give her a share like that
of one son, and she shall marry the husband of
her choice.
§ 138. If a man has put away his bride
who has not borne him children, he shall give
her money as much as her dowry, and shall
pay her the marriage portion which she
brought from her father's house, and shall put
her away.
§ 139. If there was no dowry, he shall give
her one mina of silver for a divorce.
§ 140. If he is a poor man, he shall give her
one-third of a mina of silver.
§ 141. If the wife of a man who is living in
the house of her husband has set her face to
go out and has acted the fool, has wasted her
house, has belittled her husband, one shall put
her to account, and if her husband has said, ' I
put her away,' he shall put her away and
she shall go her way, he shall not give her
anything for her divorce. If her husband has
28 THE OLDEST CODE OF LAWS
not said ' I put her away,' her husband shall
marry another woman, that woman as a maid-
servant shall dwell in the house of her
husband.
§ 142. If a woman hates her husband and
has said ' Thou shalt not possess me/ one shall
enquire into her past what is her lack, and
if she has been economical and has no vice,
and her husband has gone out and greatly
belittled her, that woman has no blame, she
shall take her marriage portion and go off to
her father's house.
§ 143. If she has not been economical, a
goer about, has wasted her house, has belittled
her husband, that woman one shall throw her
into the waters.
§ 144. If a man has espoused a votary, and
that votary has given a maid to her husband
and has brought up children, that man has set
his face to take a concubine, one shall not
countenance that man, he shall not take a
concubine.
§ 145. If a man has espoused a votary, and
she has not granted him children and he has
THE TEXT OF THE CODE 29
set his face to take a concubine, that man
shall take a concubine, he shall cause her to
enter into his house. That concubine he shall
not put on an equality with the wife.
§ 146. If a man has espoused a votary, and
she has given a maid to her husband and she
has borne children, afterwards that maid has
made herself equal with her mistress, because
she has borne children her mistress shall not
sell her for money, she shall put a mark upon
her and count her among the maidservants.
§ 147. If she has not borne children her
mistress may sell her for money.
§ 148. If a man has married a wife and a
sickness has seized her, he has set his face to
marry a second wife, he may marry her, his
wife whom the sickness has seized he shall not
put her away, in the home she shall dwell,
and as long as she lives he shall sustain her.
§ 149. If that woman is not content to
dwell in the house of her husband, he shall
pay her her marriage portion which she
brought from her father's house, and she
shall go off.
30 THE OLDEST CODE OF LAWS
§ 150. If a man to his wife has set aside
field, garden, house, or goods, has left her a
sealed deed, after her husband her children
shall not dispute her, the mother after her to
her children whom she loves shall give, to
brothers she shall not give.
§ 151. If a woman, who is dwelling in the
house of a man, her husband has bound him-
self that she shall not be seized on account of
a creditor of her husband's, has granted a
deed, if that man before he married that
woman had a debt upon him, the creditor
shall not seize his wife, and if that woman
before she entered the man's house had a
debt upon her, her creditor shall not seize her
husband.
§ 152. If from the time that that woman
entered into the house of the man a debt has
come upon them, both together they shall
answer the merchant.
§ 153. If a man's wife on account of
another male has caused her husband to be
killed, that woman upon a stake one shall set
her.
THE TEXT OF THE CODE 31
§ 154. If a man has known his daughter,
that man one shall expel from the city.
§ 155. If a man has betrothed a bride to
his son and his son has known her, and he
afterwards has lain in her bosom and one has
caught him, that man one shall bind and cast
her into the waters.
§ 156. If a man has betrothed a bride to
his son and his son has not known her, and
he has lain in her bosom, he shall pay her
half a mina of silver and shall pay to her
whatever she brought from her father's house,
and she shall marry the husband of her choice.
§ 157. If a man, after his father, has lain in
the bosom of his mother, one shall burn them
both of them together.
§ 158. If a man, after his father, has been
caught in the bosom of her that brought him
up, who has borne children, that man shall be
cut off from his father's house.
§ 159. If a man who has brought in a pre-
sent to the house of his father-in-law, has given
a dowry, has looked upon another woman, and
has said to his father-in-law, ' Thy daughter I
32 THE OLDEST CODE OF LAWS
will not marry,' the father of the daughter
shall take to himself all that he brought him.
§ 160. If a man has brought in a present to
the house of his father-in-law, has given a
dowry, and the father of the daughter has
said, 'My daughter I will not give thee,' he
shall make up and return everything that he
brought him.
§ 161. If a man has brought in a present
to the house of his father-in-law, has given a
dowry, and a comrade of his has slandered
him, his father-in-law has said to the claimant
of the wife, ' My daughter thou shalt not
espouse/ he shall make up and return all that
he brought him, and his comrade shall not
marry his wife.
§ 162. If a man has married a wife and she
has borne him children, and that woman has
gone to her fate, her father shall have no
claim on her marriage portion, her marriage
portion is her children's forsooth.
§ 163. If a man has married a wife, and she
has not granted him children, that woman has
gone to her fate, if his father-in-law has re-
THE TEXT OF THE CODE 33
turned him the dowry that that man brought
to the house of his father-in-law, her husband
shall have no claim on the marriage portion
of that woman, her marriage portion belongs
to the house of her father forsooth.
§ 164. If his father-in-law has not returned
him the dowry, he shall deduct all her dowry
from his marriage portion and shall return
her marriage portion to the house of her
father.
§ 165. If a man has apportioned to his son,
the first in his eyes, field, garden, and house,
has written him a sealed deed, after the father
has gone to his fate, when the brothers divide,
O ' '
the present his father gave him he shall take,
and over and above he shall share equally in
the goods of the father's house.
§ 166. If a man, in addition to the children
which he has possessed, has taken a wife, for
his young son has not taken a wife, after the
father has gone to his fate, when the brothers
divide, from the goods of the father's house
to their young brother who has not taken a
wife, beside his share, they shall assign him
3
34
money as a dowry and shall cause him to take
a wife.
§ 167. If a man has taken a wife, and she
has borne him sons, that woman has gone to
her fate, after her, he has taken to himself
another woman and she has borne children,
afterwards the father has gone to his fate, the
children shall not share according to their
mothers, they shall take the marriage portions
of their mothers and shall share the goods of
their father's house equally.
§ 168. If a man has set his face to cut off
his son, has said to the judge ' I will cut off
my son,' the judge shall enquire into his
reasons, and if the son has not committed a
heavy crime which cuts off from sonship, the
father shall not cut off his son from sonship.
§ 169. If he has committed against his
father a heavy crime which cuts off from son-
ship, for the first time the judge shall bring
back his face ; if he has committed a heavy
crime for the second time, the father shall cut
off his son from sonship.
5 170. If a man his wife has borne him
THE TEXT OF THE CODE 35
sons, and his maidservant lias borne him sons,
the father in his lifetime has said to the sons
which the maidservant has borne him ' my
sons,' has numbered them with the sons of
his wife, after the father has gone to his fate,
the sons of the wife and the sons of the maid-
servant shall share equally in the goods of the
father's house ; the sons that are sons of the
wife at the sharing shall choose and take.
§ 171. And if the father in his lifetime,
to the sons which the maidservant bore him,
has not said ' my sons,' after the father
has gone to his fate the sons of the maid
shall not share with the sous of the wife in
the goods of the father's house, one shall
assign the maidservant and her sons freedom;
the sons of the wife shall have no claim on
the sous of the maidservant for servitude, the
wife shall take her marriage portion and the
settlement which her husband gave her and
wrote in a deed for her and shall dwell in the
dwelling of her husband, as long as lives she
shall enjoy, for money she shall not give, after
her they are her sons' forsooth.
36 THE OLDEST CODE OF LAWS
§ 172. If her husband did not give her a
settlement, one shall pay her her marriage
portion, and from the goods of her husband's
house she shall take a share like one son. If
her sons worry her to leave the house, the
judge shall enquire into her reasons and shall
lay the blame on the sons, that woman shall
not go out of her husband's house. If that
woman has set her face to leave, the settle-
ment which her husband gave her she shall
leave to her sons, the marriage portion from
her father's house she shall take and she shall
marry the husband of her choice.
§ 173. If that woman where she has entered
shall have borne children to her later husband
after that woman has died, the former and
later sons shall share her marriage portion.
§ 174. If she has not borne children to her
later husband, the sons of her bridegroom
shall take her marriage portion.
§ 175. If either the slave of the palace or
the slave of the poor man has taken to wife
the daughter of a gentleman, and she has borne
sons, the owner of the slave shall have no
THE TEXT OF THE CODE 37
claim on the sons of the daughter of a gentle-
man for servitude.
§ 176. And if a slave of the palace or the
slave of a poor man has taken to wife the
daughter of a gentleman and, when he married
her, with a marriage portion from her father's
house she entered into the house of the slave
of the palace, or of the slave of the poor man,
and from the time that they started to keep
house and acquired property, after either the
servant of the palace or the servant of the
poor man has gone to his fate, the daughter
of the gentleman shall take her marriage
portion, and whatever her husband and she
from the time they started have acquired one
shall divide in two parts and the owner of
the slave shall take one - half, the daughter
of a gentleman shall take one-half for her
children. If the gentleman's daughter had
no marriage portion, whatever her husband
and she from the time they started have
acquired one shall divide into two parts, and
the owner of the slave shall take half, the
gentleman's daughter shall take half for her
sous.
38 THE OLDEST CODE OF LAWS
§ 177. If a widow whose children are young
has set her face to enter into the house of
another, without consent of a judge she shall
not enter. When she enters into the house of
another the judge shall enquire into what is
left of her former husband's house, and the
house of her former husband to her later
husband, and that woman he shall entrust
and cause them to receive a deed. They
shall keep the house and rear the little ones.
Not a utensil shall they give for money.
The buyer that has bought a utensil of a
widow's sons shall lose his money and shall
return the property to its owners.
§ 178. If a lady, votary, or a vowed woman
whose father has granted her a marriage
portion, has written her a deed, in the deed
he has written her has not, however, written
her ' after her wherever is good to her to
give,' has not permitted her all her choice,
after the father has gone to his fate, her
brothers shall take her field and her garden,
and according to the value of her share shall
give her corn, oil, and wool, and shall content
THE TEXT OF THE CODE 39
her heart. If her brothers have not given her
corn, oil, and wool according to the value of
her share, and have not contented her heart,
she shall give her field or her garden to a
cultivator, whoever pleases her, and her culti-
vator shall sustain her. The field, garden, or
whatever her father has given her she shall
enjoy as long as she lives, she shall not give
it for money, she shall not answer to another,
her sonship is her brothers' forsooth.
§ 179. If a lady, a votary, or a woman
vowed, whose father has granted her a marriage
portion, has written her a deed, in the deed he
wrote her has written her ' after her where -
ever is good to her to give,' has allowed to
her all her choice, after the father has gone
to his fate, after her wherever is good to her
she shall give, her brothers have no claim
on her.
§ 180. If a father to his daughter a votary,
bride, or vowed woman has not granted a
marriage portion, after the father has gone
to his fate, she shall share in the goods
of the father's house a share like one son, as
40 THE OLDEST CODE OF LAWS
long as she lives she shall enjoy, after her
it is her brothers' forsooth.
§ 181. If a father has vowed to God a
votary, hierodule, or NU-BAR, and has not
granted her a marriage portion, after the
father has gone to his fate she shall share in
the goods of the father's house one-third of
her sonship share and shall enjoy it as long as
she lives, after her it is her brothers' forsooth.
§ 182. If a father, to his daughter, a votary
of Marduk, of Babylon, has not granted her
a marriage portion, has not written her a deed,
after the father has gone to his fate, she shall
share with her brothers in the goods of the
father's house, one-third of her sonship share,
and shall pay no tax ; a votary of Marduk,
after her, shall give wherever it is good to her.
§ 183. If a father to his daughter, a con-
cubine, has granted her a marriage portion,
has given her to a husband, has written her
a deed, after the father has gone to his fate,
she shall not share in the goods of the father's
house.
§ 184. If a man to his daughter, a con-
THE TEXT OF THE CODE 41
cubine, has not granted a marriage portion,
has not given her to a husband, after the
father has gone to his fate, her brothers
according to the capacity of the father's
house, shall grant her a marriage portion and
shall give her to a husband.
§ 185. If a man has taken a young child
' from his waters ' to sonship, and has reared
him up, no one has any claim against that
nursling.
§ 186. If a man has taken a young child to
sonship, and when he took him his father and
mother rebelled, that nursling shall return to
his father's house.
§ 187. The son of a NER-SE-GA, a palace
warder, or the son of a vowed woman no one
has any claim upon.
§ 188. If an artisan has taken a son to bring
up, and has caused him to learn his handicraft,
no one has any claim.
§ 189. If he has not caused him to learn his
handicraft, that nursling shall return to his
father's house.
S 190. If a man the child whom he took to
42 THE OLDEST CODE OF LAWS
his sonship and has brought him up, has not
numbered him with his sons, that nursling
shall return to his father's house.
§ 191. If a man, after a young child whom
he has taken to his sonship and brought him
up, has made a house for himself and acquired
children, and has set his face to cut off the
nursling, that child shall not go his way, the
father that brought him up shall give to him
from his- goods one-third of his sonship, and
he shall go off; from field, garden, and house
he shall not give him.
§ 192. If a son of a palace warder, or of a
vowed woman, to the father that brought him
up, and the mother that brought him up, has
said ' thou art not my father, thou art not my
mother,' one shall cut out his tongue.
§ 193. If a son of a palace warder, or of a
vowed woman, has known his father's house,
and has hated the father that brought him
up or the mother that brought him up, and
has gone off to the house of his father, one
shall tear out his eye.
§ 194. If a man has given his son to a wet
THE TEXT OF THE CODE 43
nurse, that son has died in the hand of the
wet nurse, the wet nurse without consent of
his father and his mother has procured another
child, one shall put her to account, and be-
cause, without consent of his father and his
mother, she has procured another child, one
shall cut off her breasts.
§ 195. If a man has struck his father, his
hands one shall cut off.
§ 196. If a man has caused the loss of a
gentleman's eye, his eye one shall cause to be
lost.
§ 197. If he has shattered a gentleman's
limb, one shall shatter his limb.
§ 198. If he has caused a poor man to lose
his eye or shattered a poor man's limb, he
shall pay one mina of silver.
§ 199. If he has caused the loss of the eye
of a gentleman's servant or has shattered the
limb of a gentleman's servant, he shall pay
half his price.
§ 200. If a man has made the tooth of a
man that is his equal to fall out, one shall
make his tooth fall out.
44 THE OLDEST CODE OF LAWS
§ 201. If he has made the tooth of a poor
man to fall out, he shall pay one -third of a
mina of silver.
§ 202. If a man has struck the strength of
a man who is great above him, he shall be
struck in the assembly with sixty strokes of
a cow-hide whip.
§ 203. If a man of gentle birth has struck
the strength of a man of gentle birth who is
like himself, he shall pay one mina of silver.
§ 204. If a poor man has struck the
strength of a poor man, he shall pay ten
shekels of silver.
§ 205. If a gentleman's servant has struck
the strength of a free-man, one shall cut off
his ear.
§ 206. If a man has struck a man in a
quarrel, and has caused him a wound, that man
shall swear ' I do not strike him knowing ' and
shall answer for the doctor.
§ 207. If he has died of his blows, he shall
swear, and if he be of gentle birth he shall
pay half a mina of silver.
THE TEXT OF THE CODE 45
§ 208. If he be the son of a poor man, he
shall pay one-third of a miua of silver.
§ 209. If a man has struck a gentleman's
daughter and caused her to drop what is in
her womb, he shall pay ten shekels of silver
for what was in her womb.
§ 210. If that woman has died, one shall
put to death his daughter.
§ 211. If the daughter of a poor man
through his blows he has caused to drop that
which is in her womb, he shall pay five shekels
of silver.
§ 212. If that woman has died, he shall
pay half a mina of silver.
§ 213. If he has struck a gentleman's maid-
*j O
servant and caused her to drop that which is
in her womb, he shall pay two shekels of
silver.
§ 214. If that maidservant has died, he
shall pay one-third of a mina of silver.
§ 215. If a doctor has treated a gentleman
for a severe wound with a bronze lancet and
has cured the man, or has opened an abscess
46 THE OLDEST CODE OF LAWS
of the eye for a gentleman with the bronze
lancet and has cured the eye of the gentleman,
he shall take ten shekels of silver.
§ 216. If he (the patient) be the sou of a
poor man, he shall take five shekels of
silver.
§ 217. If he be a gentleman's servant, the
master of the servant shall give two shekels
of silver to the doctor.
S 218. If the doctor has treated a gentle-
O
man for a severe wound with a lancet of
bronze and has caused the gentleman to die,
or has opened an abscess of the eye for a
gentleman with the bronze lancet and has
caused the loss of the gentleman's eye, one
shall cut off his hands.
§ 219. If a doctor has treated the severe
wound of a slave of a poor man with a
bronze lancet and has caused his death, he
shall render slave for slave.
§ 220. If he has opened his abscess with a
bronze lancet and has made him lose his eye,
he shall pay money, half his price.
THE TEXT OF THE CODE 47
§ 221. If a doctor has cured the shattered
limb of a gentleman, or has cured the
diseased bowel, the patient shall give five
shekels of silver to the doctor.
§ 222. If it is the son of a poor man, he
shall give three shekels of silver.
§ 223. If a gentleman's servant, the master
of the slave shall give two shekels of silver to
the doctor.
§ 224. If a cow doctor or a sheep doctor
has treated a cow or a sheep for a severe
wound and cured it, the owner of the cow or
sheep shall give one-sixth of a shekel of silver
to the doctor as his fee.
§ 225. If he has treated a cow or a sheep
for a severe wound and has caused it to die,
he shall give a quarter of its price to the
owner of the ox or sheep.
§ 226. If a brander without consent of the
owner of the slave has branded a slave with
an indelible mark, one shall cut off the hands
of that brander.
§ 227. If a man has deceived the brander,
48 THE OLDEST CODE OF LAWS
and has caused him to brand an indelible
mark on the slave, that man one shall kill
him and bury him in his house, the brander
shall swear, ' Not knowing I branded him,'
and shall go free.
§ 228. If a builder has built a house for a
man and has completed it, he shall give him
as his fee two shekels of silver per SAR of
house.
§ 229. If a builder has built a house for a
man and has not made strong his work, and
the house he built has fallen, and he has
caused the death of the owner of the house,
that builder shall be put to death.
§ 230. If he has caused the son of the
owner of the house to die, one shall put to
death the son of that builder.
§ 231. If he has caused the slave of the
owner of the house to die, he shall give slave
for slave to the owner of the house.
§ 232. If he has caused the loss of goods,
he shall render back whatever he has caused
the loss of, and because he did not make
strong the house he built, and it fell, from
THE TEXT OF THE CODE 49
his own goods lie shall rebuild the house that
fell.
§ 233. If a builder has built a house for a
man, and has not jointed his work, and the
wall has fallen, that builder at his own cost
shall make good that wall.
§ 234. If a boatman has navigated a ship
of sixty OUR for a man, he shall give him two
shekels of silver for his fee.
§ 235. If a boatman has navigated a ship
for a man and has not made his work trust-
worthy, and in that same year that he worked
that ship it has suffered an injury, the boat-
man shall exchange that ship or shall make it
strong at his own expense and shall give a
strong ship to the owner of the ship.
§ 236. If a man has given his ship to a
boatman, on hire, and the boatman has been
careless, has grounded the ship, or has caused
it to be lost, the boatman shall render ship
for ship to the owner.
§ 237. If a man has hired a boatman and
ship, and with corn, wool, oil, dates, or what-
ever it be as freight, has freighted her, that
4
50 THE OLDEST CODE OF LAWS
boatman has been careless and grounded the
ship, or has caused what is in her to be lost,
the boatman shall render back the ship which
he has grounded and whatever in her he has
caused to be lost.
§ 238. If a boatman has grounded the ship
of a man and has refloated her, he shall give
money to half her price.
§ 239. If a man has hired a boatman, he
shall give him six GUR of corn per year.
§ 240. If a ship that is going forward has
struck a ship at anchor and has sunk her, the
owner of the ship that has been sunk what-
ever he has lost in his ship shall recount
before God, and that of the ship going
forward which sunk the ship at anchor shall
render to him his ship and whatever of his
was lost.
§ 241. If a man has taken an ox on dis-
traint, he shall pay one-third of a mina of
silver.
§ 242. If a man has hired a working ox for
one year, he shall pay four OUR of corn as its
hire.
THE TEXT OF THE CODE 51
§ 243. If a milch cow, he shall give three
OUR of corn to its owner.
§ 244. If a man has hired an ox or sheep
and a lion has killed it in the open field, that
loss is for its owner forsooth.
§ 245. If a man has hired an ox and
through neglect or by blows has caused it to
die, ox for ox to the owner of the ox he
shall render.
§ 246. If a man has hired an ox and has
crushed its foot or has cut its nape, ox for
ox to the owner of the ox he shall render.
§ 247. If a man has hired an ox and has
caused it to lose its eye, he shall pay half its
price to the owner of the ox.
§ 248. If a man has hired an ox, and has
crushed its horn, cut off its tail, or pierced its
nostrils, he shall pay a quarter of its price.
§ 249. If a man has hired an ox, and God
has struck it and it has died, the man who
has hired the ox shall swear before God and
shall go free.
§ 250. If a wild bull in his charge has
52 THE OLDEST CODE OF LAWS
gored a man and caused him to die, that
case has no remedy.
§ 251. If the ox has pushed a man, by
pushing has made known his vice, and he
has not blunted his horn, has not shut up
his ox, and that ox has gored a man of gentle
birth and caused him to die, he shall pay half
a mina of silver.
§ 252. If a gentleman's servant, he shall
pay one-third of a mina of silver.
§ 253. If a man has hired a man to reside
in his field and has furnished him seed, has
entrusted him the oxen and harnessed them
for cultivating the field — if that man has
stolen the corn or plants, and they have
been seized in his hands, one shall cut off
his hands.
§ 254. If he has taken the seed, worn out
the oxen, from the seed which he has hoed
he shall restore.
§ 255. If he has hired out the oxen of the
man or has stolen the corn and has not
caused it to grow in the field, that man one
THE TEXT OF THE CODE 53
shall put him to account and he shall measure
out sixty OUR of corn per GAN of land.
§ 256. If his compensation he is not able
to pay, one shall remove the oxen from that
field.
§ 257. If a man has hired a harvester, he
shall give him eight GUR of corn per year.
§ 258. If a man has hired an ox-driver, he
shall give him six GUR of corn per year.
§ 259. If a man has stolen a watering
machine from the meadow, he shall give five
shekels of silver to the owner of the watering
machine.
§ 260. If he has stolen a watering bucket
or a harrow, he shall pay three shekels of
silver.
§ 261. If a man has hired a herdsman for
the cows or a shepherd for the sheep, he shall
give him eight GUR of corn per annum.
§ 262. If a man, ox, or sheep to [this
section is defaced].
§ 263. If he has caused an ox or sheep
which was given him to be lost, ox for ox,
54 THE OLDEST CODE OF LAWS
sheep for sheep, he shall render to their
owner.
§ 264. If a herdsman who has had cows or
sheep given him to shepherd, has received his
hire, whatever was agreed, and his heart was
contented, has diminished the cows, diminished
the sheep, lessened the offspring, he shall give
offspring and produce according to the tenour
of his bonds.
§ 265. If a shepherd to whom cows and
sheep have been given him to breed, has
falsified and changed their price, or has sold
them, one shall put him to account, and he
shall render cows and sheep to their owner
tenfold what he has stolen.
§ 266. If in a sheepfold a stroke of God has
taken place or a lion has killed, the shepherd
shall purge himself before God, and the
accident to the fold the owner of the fold
shall face it.
§ 267. If a shepherd has been careless and
in a sheepfold caused a loss to take place, the
shepherd shall make good the fault of the loss
which he has caused to be in the fold and
THE TEXT OF THE CODE 55
shall pay cows or sheep and shall give to
their owner.
§ 268. If a man has hired an ox, for thresh-
ing, twenty KA of corn is its hire.
§ 269. If he has hired an ass, for threshing,
ten KA of corn is its hire.
§ 270. If he has hired a calf (goat ?), for
threshing, one KA of corn is its hire.
§ 271. If a man has hired oxen, a wagon,
and its driver, he shall give one hundred and
eighty KA of corn per diem.
§ 272. If a man has hired a wagon by itself,
he shall give forty KA of corn per diem.
§ 273. If a man has hired a labourer, from
the beginning of the year till the fifth month,
he shall give six Ss of silver per diem ; from
the sixth month to the end of the year, he
shall give five SJB of silver per diem.
§ 274. If a man shall hire an artisan —
(a) the hire of a . . . five $$ of silver
(6) the hire of a brickmaker five SE of silver
(c) the hire of a tailor . five SE of silver
(d) the hire of a stone-cutter . SE of silver
56 THE OLDEST CODE OF LAWS
(e) the hire of a SE of silver
(f) the hire of a SE of silver
(g) the hire of a carpenter four SE of silver
(h) the hire of a ... four SE of silver
(i) the hire of a SE of silver
(/) the hire of a builder . . . SE of silver
per diem he shall give.
§ 275. If a man has hired a (boat ?) per
diemt her hire is three SE of silver.
§ 276. If a man has hired a fast ship, he
shall give two and a half SE of silver per diem
as her hire.
§ 277. If a man has hired a ship of sixty
GUR, he shall give one- sixth of a shekel of
silver per diem as her hire.
§ 278. If a man has bought a manservant
or a maidservant, and he has not fulfilled his
month and the bennu sickness has fallen upon
him, he shall return him to the seller, and the
buyer shall take the money he paid.
§ 279. If a man has bought a manservant
or a maidservant and has a complaint, his
seller shall answer the complaint.
THE TEXT OF THE CODE 57
§ 280. If a man has bought in a foreign
land the manservant or the maidservant of a
man, when he has come into the land, and the
owner of the manservant or the maidservant
has recognised his manservant or his maid-
servant, if the manservant or maidservant are
natives without price he shall grant them
their freedom.
§ 281. If they are natives of another land
the buyer shall tell out before God the money
he paid, and the owner of the manservant or
the maidservant shall give to the merchant
the money he paid, and shall recover his man-
servant or his maidservant.
§ 282. If a slave has said to his master
' Thou art not my master,' as his slave one
shall put him to account and his master shall
cut off his ear.
The judgements of righteousness which
^lammurabi the mighty king confirmed and
caused the land to take a sure guidance and
a gracious rule.
The following three sections, which are
58 THE OLDEST CODE OF LAWS
known to belong to the Code from copies made
for an Assyrian king in the seventh century
B.C., are given here for the sake of complete-
ness. They obviously come within the space
once occupied by the five erased columns.
§ X. If a man has taken money from a
merchant and has given a plantation of dates
to the merchant, has said to him, ' The dates
that are in my plantation take for thy money/
that merchant shall not agree, the dates that
are in the plantation the owner of the planta-
tion shall take, and he shall answer to the
merchant for the money and its interests
according to the tenour of his bond. The
dates that are over, which are in the planta-
tion, the owner of the plantation shall take
forsooth.
§ Y. . . . the man dwelling (in the house)
has given to the owner (of the house) the
money of its rent in full for the year, the
owner of the house has ordered the dweller to
go out when his days are not full, the owner
of the house, because he has ordered the
dweller to leave when his days are not full,
THE TEXT OF THE CODE 59
(shall give) of the money which the dweller
gave him. . . .
§ Z. If a man has to pay, in money or corn,
but has not money or corn to pay with, but
has goods, whatever is in his hands, before
witnesses, according to what he has brought,
he shall give to his merchant. The merchant
shall not object, he shall receive it.
INDEX
The numbers refer to the sections of the Code.
Abatement, of rent, for loss of crop, 45, 46.
of interest, 48.
Accidental loss, by storm or deluge, falls on tenant, 45.
shared by landlord, if before rent is paid, 46.
by drought, storm, or deluge, postpones payment of
debt, 48.
Adjournment, for production of witnesses, 13.
not to exceed six months, 13.
Adoption, of natural son, 185.
of child of living parents, 186.
parents may object, 186.
votary or palace official cannot object, 187.
by artisan, 188.
no one can reclaim child, if he has been taught handi-
craft, 188.
otherwise can be reclaimed, 189.
adopted son must be formally acknowledged, 190.
if not, returns to real parents on death of adoptive
father, 190.
adopted son cannot be cut off without legal process, 191.
has one-third child's share, 191.
but no part of estate, 191.
repudiation by adopted son severely punished, 192 ff.
Adultery, 129.
penalty, drowning, 129.
61
62 INDEX
Agent, relation to principal or merchant —
must keep accounts, 100.
of money received, 100.
of interest due, 100.
if unsuccessful, repays capital only, 101.
if a loser, repays capital in full, 102.
if robbed, can be excused payment, 103.
must keep account of goods, 104.
stating money value, 104.
take inventory, 104.
give receipt, 104.
pays threefold for his defaults, 106.
Allotment, to ganger, constable, or tributary, 30. See Benefice.
Allowances, to divorced wife, 137.
usufruct of field, garden, and goods.
Alteration of date for repayment, 48.
called ' wetting tablet,' 48.
Approving lease, 44. See Lease.
Assault, of gentleman by gentleman, 202, 203.
in a quarrel, 206.
of poor man by poor man, 204.
of gentleman by slave, 205.
of pregnant woman, causing miscarriage-
gentle woman, 209.
poor woman, 211.
slave, 213.
causing her death —
gentle woman, 210.
poor woman, 212.
slave, 214.
See under Fines.
Assessment of damages —
by sheep to growing crops, 57.
„ to ripe crops, 58.
for cutting down tree in orchard, 59.
for not carrying out terms of lease, 42, 44.
for assault. See Fines.
INDEX 63
Assessment of damages (contd.) —
for carelessness. See Neglect.
for culpable lack of skill. See Doctor.
Assignment for debt —
of bare field, 49.
of corn field, 50.
of date plantation, X.
of crop, Y.
of wife, child, or slave, to work off debt, 115.
Average yield, assessed damages, 42, 43, 44, 55, 62, 65.
Backbiting, 161.
Bailiff. See Reeve, Ganger, Constable, Benefice.
Bailment, without witness or deed —
from domestic inferior — theft, 7.
Banishment. See Exile.
Bearing sentence sought to be obtained. See Retaliation.
Benefice, the land, house, garden, and stock —
assigned by king to ganger, constable, or tributary, 30.
inalienable, 32, 36, 37.
sale, or purchase, forbidden, 35.
price paid forfeited, 35.
not to be exchanged, 41.
not to be devised to females, 38.
may be deputed, 27.
hereditary, 28.
forfeited, by disuse, 30.
may not be pledged, 38.
saleable to other official (?), 40.
Betrothed, maiden lived in father's house, 130.
Bigamy, in ignorance, 135.
Blood money. See Wit.
Boatmen, their duties and privileges, 234-241.
same word denotes boat-builder (Winckler'a tr.).
Boats, passenger, 276.
freight boat, 277.
building, 234.
64 INDEX
Boats (contd.) —
of 60 GVR, built, 234 (Winckler's tr.)
collision of, 241.
wreck of, 235, 236.
Bond, a written deed or contract —
needed for legal purchase, 7.
for debt, 52.
for storage, 122.
for legal marriage, 128.
shepherd's, 264.
Branding, brander, 226, 227.
on forehead, for slander, 127.
slave without consent of owner, 226, 227.
Brawling, in wine shop, 109.
Breach of contract —
by lessee, 42, 44, 256. See Lease, Metayer, Neglect.
of promise, 159.
Breasts, cut off, 194.
Bride-price, a present to prospective father-in-law —
usually returned with wife to bridegroom, 163.
given back byhusband to divorced wife, if not a mother,138.
returned to suitor, if not accepted, 160, 161.
forfeited if suitor changes his mind, 159.
if not given back to bridegroom with wife, deducted from
marriage portion repaid to father-in-law, on death of
wife, without children, 164.
assessed at one mina of silver, for gentleman, 139.
„ one-third mina, for poor man, 139.
to be set aside for unmarried son, by his brothers, on
division of father's property, 166.
Brothel (?). See Wine shop.
Builder's duties and privileges, 228.
of boats, 234 (Winckler's tr.).
Burning, as penalty —
for votary, opening or entering wine shop, 1 10.
man and mother in incest, 157.
thief at fire, 25.
INDEX 65
Business. See Agent, Merchant, Office.
Buyer of benefice must discharge duties, 40.
Calling to account, 42, 108, 112, 113, 116, 124, 133, 141, 194,
255, 265.
Capital suit, 3.
Captives, 133, 280.
Carrier's privileges and responsibilities, 112.
Cattle, damage feasant pauperies, 57.
Changeling, foisted on parents, 194.
Charges, for warehousing, 121.
one-sixtieth value, 121.
Children. See Custody, Mother, Remarriage, Widow.
Lorn of wife remarried, under impression her husband
was dead, stay with second husband, 135.
not to dispute mother's settlement, 150.
share equally at father's death, 165.
reserving settlements by deed, 165.
of second marriage to be furnished with bride-price, or
portion, 166.
of different mothers, share separately own mother's
portions, 167.
but father's property equally, 167.
of bride and maid share equally, if latter acknowledged
as sons in father's lifetime, former having preference,
170.
otherwise, children of maid do not share, 171.
of slave woman and free father are free, 171.
of slave man and free mother are free, 175.
these take half father's goods at death, 175.
Collision, 241.
Commission, trade on, 100-105. See Agent, Merchant.
Compensation, for eviction of tenant, Y.
for highway robbery, 23.
Composition, for loss of life, 224.
for bride-price, 139.
Concubine, divorced, 137.
66 INDEX
Concubine (contd.) —
not allowed, if wife provides maid, 144.
allowed, if votary wife has no children, 145.
not to rival wife, 145.
father may give daughter as, 183.
and give marriage portion, 183.
if so, she has no share of his goods at his death, 183.
otherwise, brothers must give her a portion, 184.
Conjugal rights, denial of, 142.
Conscript. See Militia.
Constable, or bailiff, runner, 36-41.
not to depute duty, 26.
in enforced absence on royal business, 27.
may depute, and resume on return, 27.
son may be deputy, 28.
provision for child, in absence, 29.
neglect of benefice, 30.
three years' limit, 30.
one year does not forfeit, 31.
captured abroad on king's business, 32.
to be ransomed, 32.
benefice inalienable, 33.
benefice protected, 34.
not to be hired out, 35.
plundered, 35.
oppressed, 35.
sale of benefice illegal, 35.
benefice not to be exchanged, 41.
Contract. See Bond.
Corn land, 62.
Corporate liability, 23, 32.
Corvee. See Militia.
Courtship, 159, 161.
Cow, in milk, hire of, 243.
Creditor. See also Merchant.
must not ill treat pledge for debt, 116.
must release at end of three years, 117.
INDEX 67
Creditor (contd.) —
may sell pledged slave, on removal, 118.
may not repay himself from debtor's goods, 113.
Crop, assigned for debt, 51.
sold at king's price, 51.
Crown, man's. See Strength.
Cultivation of fields —
operations needful, 43.
Custody of child, in mother, 29.
Cutting down trees —
assessment of damage, half mina of silver per tree, 59.
Damage to crops, by sheep — •
assessed at twenty GUR per GAN, 57.
to ripe crops, at sixty GUR per GAN, 58.
by flooding field, 56.
by cutting down trees, assessed at half mina of silver per
tree, 59.
Damages, for breach of contract, 42, 44.
for eviction from purchase, 12.
for eviction from house, Y.
Damnum sine injuria, 115, 118, 123, 250.
Date palm, plantation of, X.
Daughter cannot inherit benefice, 38.
Death penalty, inflicted for —
witchcraft, 1.
threatening witnesses, 3.
perjury, 3.
theft, 4.
receiving stolen goods, 4.
buying from domestic inferior, 7.
taking on deposit from domestic inferior, 7.
in default of multiple restitution, for theft of second
order, 8.
appropriation of lost property, 9.
selling lost property, 10.
vexatious claim of property as lost, 11.
68 INDEX
Death penalty (contd.) —
kidnapping, 14.
procuring desertion of slave, 15.
harbouring fugitive slave, 18.
„ of defaulting militia, 16.
detaining fugitive slave, 18.
keeping recaptured slave, 19.
housebreaking, 21.
highway robbery, 22.
theft at fire, 25.
allowing seditious brawling in wine shop, 109.
rape of betrothed maiden, 130.
for ganger, constable, neglecting duty, 26.
„ „ sending substitutes, 26.
causing death of pregnant woman by assault, 210.
for getting a slave branded unknown to owner, 227.
for building so badly as to cause death of owner, 229.
See also Burning, Drowning, Impalement.
Death of defendant, 12.
Debt, abatement for damage by storm, deluge, and drought,
48.
not to be repaid from debtor's goods, without his con-
sent, 113.
hostages for, 117.
to be well treated, 118.
released after three years, 117.
of man before marriage, not binding on wife, 151.
of woman before marriage, not binding on husband, 151.
of both after marriage, binding on both, 151.
Debtor's risk, 48.
privileged to pay in kind, Z.
Defamation, 161.
Deferred foreclosure, 48.
Degradation from office, 5.
Deification of river Euphrates, 2.
Delegates non potest delegare, 26, 33.
Deposit. See Storage, Trust, Warehouse, 7.
INDEX 69
Deposit (contd.) —
not recoverable unless witnessed and sealed for, 123.
from domestic inferior, illegal without witnessed con-
tract, 7.
Desertion, by husband, of wife —
involuntary, 133.
of city and wife, 136.
of adoptive parents, 193.
Detention of fugitive slave punished, 19.
Disinheritance, for incest, 159.
of son, 168.
not without legal process and for good cause, 168.
Distraint for debt, 114, 115.
unjustified, fine one-third mina of silver, each time,
114.
death of person taken in, 115, 116.
not allowed on warehoused goods, 120.
of working ox fined, 241.
District liable, for highway robbery, 23.
for ransom of official, 32.
Diverted to, perhaps ' captured in,' Winckler's tr.
Divorce, 137, 138.
wife takes her bride-price, 137.
or fixed sum, one mina of silver from gentleman,
139.
or fixed sum, one-third mina from poor man, 140.
Doctor, privileges and responsibilities, 215-221.
fees for cures, 215, 221.
causes death, 218-220.
paid by assailant, 206.
Domestic inferior. See Minor.
Dowry. See Bride-price.
Drowning, as penalty for —
selling drink too cheap, 109.
adultery, 129.
bad wife, 143.
incest with daughter-in-law, 155.
70 INDEX
Drowning, as penalty for (contd.) —
deserting husband's house in his enforced absence, being
provided with proper maintenance, 133.
Dyke, 53.
Ear cut off as penalty, 205.
Endowment of office. See Benefice.
Equals, assault of, 200, 203, 206.
Evicted purchaser reimbursed, 9.
tenant reimbursed, Y.
Exchange, of benefice illegal, 41.
Exile, penalty for incest, 154.
Eye, torn out as penalty, 193.
struck out in assault, 196.
disease of, 215.
cure of, fee for, ten shekels of silver, 215.
loss of eye, assessed at five shekels of silver, 220.
False judgement, penalty for, 5.
claims for money or goods, 106, 107, 126.
accusation of adultery, 131.
Farm. See Lease.
Fatal assault of gentleman by gentleman, 207.
of gentleman by poor man, 208.
Favourite son, may be gifted by father, 165.
in his lifetime, 165.
by written deed, 165.
other children no claim against, 165.
takes equal share with them on father's death, 165.
Fees for curing wound,or disease of eye, by surgical operation —
gentleman pays ten shekels of silver, 215.
poor man pays five shekels of silver, 216.
slave pays two shekels of silver, 216.
cure of broken limb or diseased bowel —
gentleman pays five shekels, 221.
poor man pays three shekels, 222.
slave pays two shekels, 223.
INDEX 71
Fees (contd.) —
cure of bad wound of ox or sheep, one-sixth of shekel,
224.
for building house, two shekels per SAR, 228.
to boatman for navigating boat, two shekels, 234.
warehousing goods, one-sixtieth value, 121.
Fines imposed for —
unlawful distraint, one-third mina, 114.
seducing daughter-in-law before marriage, half mina, 156.
aggravated assault, gentleman on gentleman, one mina,
203.
aggravated assault, poor man on poor man, ten shekels,
204.
fatal wound in quarrel, gentleman to gentleman, half
mina, 207.
fatal wound in quarrel, poor man to poor man, third
mina, 208.
assault on pregnant gentlewoman, causing miscarriage,
ten shekels, 209.
assault on pregnant poor woman, causing miscarriage,
five shekels, 211.
assault on pregnant slave, causing miscarriage, two
shekels, 213.
assault on pregnant poor woman, causing her death,
half mina, 212.
assault on pregnant slave, causing her death, third mina,
214.
causing death of ox or sheep, by careless operation,
quarter price, 225.
distraint on working ox, one-third mina, 241.
mutilation of hired ox, quarter price, 248.
letting vicious ox gore a man to death, half mina, 251.
stealing corn or plants, on metayer, sixty GUR of corn
per GAN, 255.
letting oxen, taken on metayer, sixty GUR of corn per
GAN, 255.
theft of watering machine, five shekels, 259.
72 INDEX
Fines imposed on (contd.) —
theft of water bucket, or plough (harrow?), three shekels,
260.
(N.B. — Fines reckoned in silver, 60 shekels to the mina.)
Fires, theft at, 25.
Floods, 45, 46, 48.
Forfeit of price paid in illegal purchase, 35, 37, 177.
oxen and field, for neglect to cultivate, 256.
Forfeiture of claim —
by self-help, 113.
by cruelty, 116.
Fortress of the king, may be ' defeat of the king,' Winckler's tr.
Foster mother, duties and liabilities, 194.
Freedom, of hostage for debt, after three years, 117.
to marry, as she chooses, on part of divorced wife, after
bringing up children, 137.
daughter-in-law, seduced before marriage, 158.
widow, leaving settlement to children, 172.
Free-men sold into slavery, to pay fine, 54.
Fugitive, slave, 16, 17.
poor man, 16.
Ganger, associated with constable, q.v.
Gentleman, one of three estates, contrasted with poor man
and slave, 196, 197, 199, etc.
Gift. See Favourite son.
Goring by ox, 250, 251.
Gouging out eye, 196.
penalty, 196, 198.
Governor, duties and liabilities, 23, 33 ff.
not to delegate duty, 34.
nor accept substitute, 34.
not to oppress subordinates, 35.
Granary, 113.
Guilty knowledge, by buyer of stolen goods, 10.
Hand of God, 45, 46, 48.
INDEX 73
Hands cut off, penalty for —
striking father, 195.
causing death by careless operation on free-man, 218.
branding slave, without owner's knowledge, 226.
Harbouring, fugitive slave, 16.
militiaman, or conscript, 16.
Herdsmen. See Shepherds.
Highway robbery, 22. See Eobbery.
Hire, of land, house, garden. See Lease,
scale fixed by king, 44, 51.
wages fixed for —
boatman, 6 GUR of corn per annum, 239.
working ox, 4 ,, „ 242.
cow in milk, (?) 3 „ „ 243.
reaper 8 „ „ 257.
thresher 6 „ „ 258.
herdman,or shepherd, 8 „ „ 261.
ox, for threshing, 20 KA of corn per diem, 268.
ass, for threshing, 10 „ „ 269.
calf, for threshing, 1 KA „ „ 270.
oxen, wagon,and driver, 180 „ „ 271.
wagon alone, 40 „ „ 272.
labourer, first five months, 6 SE silver „ 273.
„ last seven months, 5 ,, ,, 273.
artisan, 5 „ „ 274.
brickmaker, 5 „ „ 274.
tailor, 5 „ „ 274.
stone cutter, 5 (?) „ „ 274.
milkman, 5 „ „ 274.
carpenter, 4 „ „ 274.
&SA, 4 „ „ 274.
boat, 3 „ „ 275.
passenger boat, 2£ „ „ 276.
freight boat of 60 GUR, % shekel „ 277.
(N.B. — In corn measure, 1 6trj? = 300 KA, worth one
shekel of silver, and one shekel = 180 SE.
Hostage for debt. See Mancipium.
74 INDEX
Housebreaking, 21, 125.
Husband. See Re-marriage, Wife, Divorce, Separation.
Hypothecation, of crop, regulated, 49.
Identification of lost property, 9.
Ignorance, plea of, 206, 227.
Illegal purchase, 35, 37.
Impalement, as penalty, 153.
for procuring husband's death, 153.
Incest, 154-158.
of man and daughter, 154.
of man and daughter-in-law, 155, 156.
of man and mother, 157.
of man and stepmother, 158.
Inheritance. See Share.
Innocent wife, separation from bad husband, 142. See Separa-
tion.
Interest on loan, etc., 49, 50, 100, X.
abatement, 48.
Intimidation of witnesses, 3.
Jilting, 159.
Judge, duties and liabilities, 5, 9, 127, 167, 168, 172, 177.
Judgement, false. See False,
by default, 10.
Kidnapping, 14.
King's standard, 44, 51. See Hire, Scale.
Lancet, bronze, used in surgical operations, 215, 218, 220.
Landlord's risks, 46.
Lease, of house, Y.
field to cultivate, 42.
„ to reclaim, three years, 44.
„ to plant as garden, five years, 60.
garden to till, 64.
terms, not invalidated by neglect, 52.
INDEX 75
Lease (contd.) —
damages for not carrying out terms, 63.
See Metayer.
Levy. See Militia.
Lex talionis. See Retaliation.
Libel. See Slander.
Lion, referred to, 244, 266.
Local liability for —
compensation for highway robbery, 23, 24.
redemption of captive official, 32.
Loss, by burglary or rebellion, 125.
of hired animal, by lion, 244.
„ by neglect, 245.
„ by blows, 245.
„ by hand of God, 249.
of flock or herd, by hand of God, 266.
„ by lion, 226.
of crop, when shared by landlord, 45.
of interest. See Abatement.
Lost property, recovery by owner, 9.
sale by finder = theft, 9.
Lying, 11, 12.
Magistrate, over township, 23, 24.
Maid, female slave —
given by wife to husband, to bear children, 144.
not to rival mistress, 146.
if so, reckoned slave again, 146.
not sold, if a mother, 146.
may be sold, if not, 146.
children, acknowledged by husband, in his lifetime, share
equally with wife's children, 170.
otherwise, free, but not heirs, 171.
Maintenance, of wife in absence, 133-135.
of divorced wife, 137.
or concubine, 137.
Malice prepense 206.
76 INDEX
Malicious abuse of process, 12.
Mancipium, hostage to work off debt —
natural death, 115.
done to death, 116.
free after three years, if free born, 117.
slave, can be sold, by creditor on removal, 118.
but not if mother of debtor's children, 119.
redeemed by debtor, 119.
Mansion, ' great house.' See Palace.
Manslaughter, of mancipium, 116.
if slave, penalty one-third mina of silver, 116.
by blow in quarrel, 207, 208.
Marks, on slave. See Branding.
Marriage portion, given by father to bride —
returned on divorce, 137.
not to bad wife, 141.
returned to injured wife, 142.
„ to invalid wife, who leaves husband, 149.
property of wife's children, 162.
father of bride cannot reclaim, if she has children of the
marriage, 162.
returned, if wife dies childless, 163.
less bride-price, if not repaid to husband, 164.
if wife re-marry, shared by children of both marriages,
173.
taken by children of first marriage, if none of second,
174.
free wife of slave, takes her marriage portion, if any on
his death, for self and children, 175.
Master's right over married slave's property, 175, 176.
pays for slave's cure, 217, 223. See Slave.
Merchant, trader, relations with agent, 100-107.
official (?), 40.
as creditor, money-lender, 40, 49, 116, 118, 119, 152, X, Z.
bound to accept goods, for money or corn, Z.
pays fivefold for overcharging agent 107.
likely to change residence, 118.
INDEX 77
Metayer, system of lease, landlord finds seed, implements,
working animal;?, etc. See also Lease, 253.
Militia, or conscript, for corvee —
fugitive from, 9.
granted to governor, 33.
Minor, status of, 7.
Miscarriage, 209. See Assault, Fine.
Money, not sealed for, cannot enter account, 105. See Hire,
Price, Fines.
Mortgage. See Debt.
Mortgagor's power of sale, 118.
option to refuse foreclosure, X.
Mother, has custody of children, 29.
incest with, 157.
Mutilation, as penalty. See Branding, Ear, Eye, Hands,
Breasts, Tongue,
of hired ox, 248.
either punishment of offending member, or retaliation
for mutilation. See Retaliation.
Neglect, to cultivate field leased, 42, 43.
to reclaim field leased, 44.
to set up dwelling, 47.
to strengthen dyke, 53.
to plant garden leased, 61-63.
to till garden, 65.
to build house properly, 232.
to cultivate on metayer, 253.
to confine vicious ox, 251, 252.
Oath, in legal process. See Sworn Deposition, 9.
for purgation, 20, 131, 227, 266.
as to loss, 23, 103, 126, 240, 249.
as to deposit, 120.
as to injury, 206.
Office, duty of official, 40.
78 INDEX
Officials, PA-PA and NU-TUR —
duties and liabilities, 33, 34. See Governor, Ganger,
Constable, Reeve, Bailiff, Runner, Palace, Judge.
Ordeal, by water, nature of, 2.
for witchcraft, 2.
purgation of slander, 132.
Ox, working, not to be distrained on, 241.
„ hire, 242.
furious, 250.
vicious, 251.
Palace, equivalent to state, king, gentleman's residence —
property of, 11.
ransom by, 32.
place of judgement, 109.
Palace official, ' one who stands in the presence '—
child of, may be adopted without demur, 192.
Perjury, 3, 4.
Personal property of official pledged, 39.
Pin-money. See Settlement.
Pledge, of benefice, illegal, 38.
personal property allowed, 39. See Debt.
Poor man, separate estate, contrasted with gentleman and
slave —
theft from, 8.
abduction of slave from, 15.
liable to conscription or levy, 16.
reduced charges for divorce, 140.
owned slave, 15, 175, 176.
his eye or limb valued at one mina of silver, 198.
his tooth valued at one-third mina of silver, 201.
assault by poor man, 204.
assault by, 208.
fee for cure of wound or eye, 208.
fee for cure of limb or bowel, 222.
Pregnant woman. See Assault, Fine.
Prescriptive right to benefice acquired by discharge of office, 30.
INDEX 79
Presumption, 7.
Price of drink not to be less than corn, 108.
except at harvest time, then five-sixths, 111.
Principal. See Merchant.
Procuration of desertion of slave from master, 15.
Produce rent, 42.
of field, one-half or one-third crop, 46.
of garden, two-thirds crop, 64.
Ransom, of captive official, 32.
by serf, 32.
by town, 32.
by palace, 32.
Rape, of betrothed maiden, 130.
Rebellion, loss by, 125.
Receipt, sealed written document —
to be taken by agent for goods committed, 104.
to be taken by depositor, 124, 125.
Receiving of stolen goods, 10.
Reclaiming lease, 44.
Recovery, of lost property, 9, 10, 126.
of deposit, 124, 125.
Redemption of pledge or mancipium, 119.
debtor must redeem a maid who has borne him children,
119.
Reeve. See Ganger.
Referees. See Witnesses.
Refusal to name owner, 19.
of conjugal rights, 141.
Reimbursement to evicted purchaser, 9.
Re-marriage of divorced woman, 141.
of widow, 173.
her marriage portion shared equally by children of both
marriages, 173.
if no children of second marriage, those of first take all,
174
Remission of penalty, 129.
80 INDEX
Rents, usually share of produce, 46, 64.
fixed by Code for —
land leased to be reclaimed, three years free, fourth
year ten GUR per GAN, 44 ; cf. 63.
land leased to plant as garden, four years free, fifth
year half-produce, 60 ; cf. Lev. xix. 25.
garden leased to till, two-thirds produce, 64.
abatement, if crop destroyed, 45.
no abatement if culpable negligence, 52.
Repatriation of slave, 280, 281.
Repudiation of adoptive parents —
by son of votary, or palace official, 192.
Res perit domino, 115.
Restitution, compensation, damages, reimbursement —
simple, 9, 10, 12.
goods for goods, 232.
ox or ass, for same, 245, 246, 263.
slave for slave, 219, 231.
of deposit, 125.
threefold, for cheating principal, 106.
fivefold, for goods lost or stolen by carrier, 112 ; cf. 12.
sixfold, for over-charging agent, 107.
tenfold, for theft by poor man, 8.
„ for culpable loss by herdsman or shepherd, 265.
twelvefold, for false sentence by judge, 5.
thirtyfold, for theft by gentleman, 5.
Retaliation, eye for eye, 196.
limb for limb, 197.
tooth for tooth, 200. /
son for son, 116, 230.
slave for slave, 219, 231.
suitor to bear penalty he sought to bring, 4, 13.
See Restitutions.
Return, of slave purchased —
permissible within one month, for disease, 278.
or other undisclosed defect, 279.
Reward, for capturing fugitive slave, 17.
INDEX 81
Risks, landlord's, 45, 46.
lessor's, 244.
warehouseman's, 125.
tenant's, 45.
Robbery, 22, 23.
Runnel, 55.
Runner. See Constable.
Sacrilegious theft —
of first order, 6.
of second order, 8.
Sale of, man and property, to pay fine, 54.
wife or child, for debt, 117.
crops to pay, according to scale, 51.
Scale damages. See King's standard.
Scandal, 132.
Scourging, with cowhide whip, sixty strokes, 202.
Second marriage, 166, 167. See Re-marriage, Widow.
Seduction, of betrothed daughter-in-law, 155.
of slave, from service, 15.
Self-help, forbidden, 113.
Separation, of husband and wife —
grounds for, on part of husband —
gone out, deserted home, 142.
belittled wife, 142.
on part of wife —
set to desert home, 141
quarrelsome, 141.
ruinous, 141.
belittled husband, 141.
Settlement, or pin-money, estate, or goods settled on
wife —
by husband, in lifetime, by written deed, 150.
children not to dispute, 150.
wife has freedom of testamentary devise, 150.
among her children of that marriage, 150.
wife may not leave to brothers, 150.
6
82 INDEX
Settlement (contd.) —
widow enjoys for life, if she remains in husband's house,
171.
widow bequeaths to children, 171.
„ resigns if she re-marries, 172.
compare gift to favourite child.
Share, of father's property, on his death —
equally by all children, 165.
divorced wife, as one child, 137.
with reservation apart, of gift to favourite, 165.
„ „ of wife's settlement, 150.
„ „ bride-price for unmarried son, 166.
„ „ portion for votary sister, 178.
of mother's marriage portion, on her death, 167.
all her children equally, 167.
children of second wife share own mother's portion, 167.
children of both mothers share equally in father's pro-
perty, 167.
children of maid, if acknowledged, share equally with
children of wife, latter taking precedence, 170.
Shepherds, duties and liabilities of, 262-267.
Slander, against votary or married woman, 127.
of wife, 132.
of suitor, 161.
judiciary, against referees, 3.
of title, 11.
liability for, passively transmitted, 12.
seditious, 109.
Slave, one of three estates, domestic inferior —
not free to contract except by deed and bond, 6.
seduction from service, penal, 15.
fugitive, harbouring, 16.
„ capturing, 17.
„ retaining, 19.
„ refuses to name owner, 18.
„ re-escape of captured, 20.
subject to levy, 16.
INDEX 83
Slave (contd.) —
marries free woman, 175.
children free, 175.
woman marries master, bears sons, not to be sold, 119.
cure of, paid for by master, 218, 223.
his eye or limb, valued at half-price, 199.
assault on free-man by slave, 205.
gored by ox, 251.
of poor man, 219.
captured and repatriated, 280.
freed, if native, 281.
rebellious, repudiates master, 282.
Speculation in crops, futures, discouraged, 49, 50, X.
Spell, magical. See Witchcraft.
Stay of case, for production of witnesses, 13.
Stolen goods, guilty purchase of = theft, 10.
Storage. See Warehouse, Deposit.
Strength of a man, crown of the head (?), genitalia —
penalty for wounding the, of —
superior, 202.
equal, 203.
poor man, 204.
free-man by slave, 205.
Striking or wounding. See Assaults.
of father by son, 195.
Sub-letting, not to be objected to, 47.
Subornation, of perjury, 4.
Summons to appear before judge, 127. See Calling to
account.
Superior, assault of, 202.
Surgeon. See Doctor.
Sworn deposition, 9, 23, 103, 120, 126, 206, 240, 249.
Tablet, broken, annulment of contract, 37.
wetted, to rewrite date, 48.
Temple, property protected, 6, 8.
bound to ransom captive, 32.
84 INDEX
Tenant's risks, 45.
Theft, first order, involving entry, 6.
second order, in the open, 8.
by keeping property found, 9.
by selling property found, 10.
aggravated at fire, 25.
from deposit, 120.
under metayer, 254. See Bailment, Lost property,
Sacrilegious, Stolen goods, Treasonable, Receiving.
Threatening witnesses, 3.
Threshing floor, 113.
Tongue cut out, 192.
Treasonable theft, first order, 6.
second order, 8.
Trespass, to realty, 54.
dolus, 54.
culpa, 55.
Tributary, a beneficed person, paid tribute, 36-41.
benefice inalienable, 36. See Benefice.
Trust, deposit, regulated —
corn in granary, 120.
any goods, 122.
Undertaking. See Lease.
Untitled possession, 9, 10.
Veterinary surgeon, duties and liabilities of, 224, 225.
Vexatious claim of property as lost, 11.
Vivum vadium, 49.
Votary, not to open or enter wine shop, 110.
protected from slander, 127.
as wife, 145.
gives inaid to husband, to bear children, 146.
not to be rivalled by maid, 147.
dowered as for marriage, 1 78.
free to leave her portion, if allowed by fathers deed, 178,
179,
INDEX 85
Votary (contd.) —
otherwise, brothers assume charge of her estate and main-
tain her, 178.
or if they do not content her, she farms it out, 178.
if father gives her no portion, entitled on his death to
one child's share, 180.
but must leave to brothers, 180.
if dedicated by father, and not portioned, entitled to one-
third share at his death, 181.
must leave this to brethren, 181.
if dedicated by father to Marduk of Babylon, and not
portioned, entitled to one-third share at his death,
182.
pays no taxes, 182.
leaves property as she likes, 182.
her child may be adopted, without her consent, 193.
,, if adopted, severely punished for repudiating
adopted parents, 193.
usually lived in convent, 110.
cannot alienate or mortgage estate, 178.
unless power granted by father's deed, 179.
when brothers cannot interfere, 179.
Wages. See Hire.
Warden. See Constable.
Wards, children of re-married widow, by first marriage,
177.
Warehousing, 120-126.
fee for, one-sixtieth value, 121.
liability for loss in warehouse, 125.
Waste, 59.
land. See Reclaiming lease, 44, 63.
Weights, great, 108.
Widow, on husband's death —
stays in his house, 171.
takes her portion and settlement, 171.
may not alienate them from children, 171.
86 INDEX
Widow (contd.) —
if no settlement, takes portion, and one child's share,
172.
children cannot turn her out without legal process,
172.
if she wishes to leave and re-marry, resigns settlement to
children, but takes portion, 172.
on her death, children of both marriages divide her
portion equally, 172.
with young children, may marry, but she and husband
are bound trustees for the children, 177.
Wife, of free-man, not to be slandered, 127.
not legally married, without bonds, 128.
adultery by, drowned, 129.
falsely accused, 131.
slandered, 132.
of captive husband, 133-135.
bound to preserve fidelity if provided for, 133.
otherwise, may re-marry, 134.
but must rejoin husband, on return, 135.
children, of second marriage, if any, stay with father,
135.
deserted, 136.
divorce of, who has borne children, 137.
divorced, takes marriage portion, usufruct of field,
garden, and property, only leaves house, has custody
and education of children, then takes one child's
share, and is free to re-marry, 137.
,, and if not a mother, takes marriage portion
and bride-price, 138.
,, or in lieu of bride-price, fixed sum, 139, 140.
may seek divorce, 141.
bad, divorced without compensation, 141.
„ reduced to status of slave, 141.
denies conjugal rights, 142.
if bad, drowned, 143.
if justified by husband's cruelty, separated, 142.
INDEX 87
Wife (contd.) —
good, stays at home, is not quarrelsome, economical,
does not belittle her husband, has no vice,
142.
may give maid to husband to bear children, 144.
husband then may not take concubine, 144.
maid may not rival, 145.
childless, does not give maid, husband can take concu-
bine, 145.
concubine not to rival, 145.
invalid, to be maintained, not divorced, 148.
„ husband can marry second wife, 148.
„ may leave husband, taking portion, 149.
second wife only allowed, if first be invalid, or divorced,
137-141, 148.
can leave settlement to any child she prefers, 150.
liability for husband's debts, 151.
procuring death of husband, for love of another, impaled,
153.
of official, no claim on benefice, 38.
deserted, free to marry, 136.
Wine seller, duties and liabilities, 108-110.
not to sell drink cheaper than corn, 108.
relaxation of this rule, 111.
not to suffer brawling or seditious talk, 109.
bound to hale brawlers to palace, 109.
votary not to be, 110.
Wit, 24, 116.
Witchcraft, laws against, 1, 2.
Witnesses —
(1) referees, elders of township, assessors of judge.
(2) knowing facts, recognising property.
(3) to document.
penalty for threatening, death, 3.
„ bribing, to bear sentence, 4.
necessary for legal purchase, 7, 9.
time granted to produce, 13.
88 INDEX
Witnesses (contd.) —
to deposit, 122.
knowing lost property, 9.
Working expenses, 49.
Wounds, given in quarrel, 206.
grievous, cure by doctor, 215, 217, 218.
to cattle, cure, 225.
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Patience — Compassion — Power — Hospitality — Education
— Intercession — Mercy — Judgment — Integrity — Laughter
— Tears — Aspiration — Discipline — Sacrifice — Pilgrimage
— Love — Heaven.
'Clear in style, rich in thought, full of reverence for the
Hebrew ideal.' — Aberdeen Free Press.
' An able and charming book. . . . The style is incisive, the
treatment reverent and philosophical. ... It is just the book
needed, and should be in every teachers' and Sunday-school
library.' — Methodist Sunday-school Record.
EDINBURGH: T. & T. CLAEK, 38 GEORGE STREET.
LONDON : SIMPKIN, MARSHALL, HAMILTON, KENT, & CO. LIMITED.
University of California
SOUTHERN REGIONAL LIBRARY FACILITY
305 De Neve Drive - Parking Lot 17 • Box 951388
LOS ANGELES, CALIFORNIA 90095-1388
Return this material to the library from which it was borrowed.
OCT 0 g 209?
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